James E. Wilson v. Dr. Michael Johnston

68 F. App'x 761

• Court: Court of Appeals for the Eighth Circuit
• Decided: June 30, 2003
• Docket: 03-2072
• Status: Unpublished

Opinion

PER CURIAM.

James E. Wilson appeals from the dismissal of his civil suit. Having reviewed the record, we conclude that the district court 1 did not abuse its discretion in dismissing the complaint as frivolous. See 28 U.S.C. § 1915(e)(2)(B)(i) (court shall dismiss case if it determines action is frivolous); Denton v. Hernandez, 504 U.S. 25, 32-34, 112 S.Ct. 1728, 118 L.Ed.2d 340 (1992) (standard of review; court may dismiss complaint of plaintiff proceeding in forma pauperis (IFP) as frivolous, and disregard clearly baseless, fanciful, fantastic, or delusional factual allegations); Neitzke v. Williams, 490 U.S. 319, 324, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989) (noting that plaintiff proceeding IFP lacks economic incentive to refrain from filing frivolous, malicious, or repetitive lawsuits). However, we modify the dismissal to be without prejudice to the filing of a paid complaint. See Denton, 504 U.S. at 34, 112 S.Ct. 1728.

The judgment is affirmed, as modified. See 8th Cir. R. 47A(a). We deny all pending motions.

A true copy.

1 . The Honorable Carol E. Jackson, Chief Judge, United States District Court for the Eastern District of Missouri.